1. Conclusion of the travel contract / obligation of the customer

1.1 By booking (travel registration), the customer makes a binding offer to plantours & Partner to conclude the travel contract; it can be done orally, in writing, by telephone, fax or electronically (e-mail, Internet, SMS, etc.). plantours & Partner regularly only makes binding reservations by telephone, which must be expressly pointed out to the customer, in order to inform the customer afterwards in accordance with Article 250 §§ 1-3 EGBGB; Only then should the binding travel registration in accordance with sentence 1 be made. The customer is bound to the travel registration for 10 working days, or for travel registration by fax or electronically for 5 working days from receipt of the declaration.
1.2 The travel contract is concluded upon receipt of the declaration of acceptance from plantours & Partner. It does not require a specific form and is usually provided through the travel confirmation.1.3 If the declaration of acceptance is not received by the customer within the binding period in accordance with Section 1.1 Sentence 3 or if it deviates from the customer's travel registration, this constitutes a new offer from plantours & Partner before. The customer can accept this by express or conclusive declaration (e.g. payment of the travel price) within 10 working days of receipt of the new offer.
1.4 Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorized by plantours & Partner to make agreements, provide information or make assurances that change the agreed content of the travel contract, about the contractually agreed services of plantours & Partner or are in contradiction to the pre-contractual information.1.5 Ship, local and hotel brochures, as well as internet tenders that are not published by plantours & Partner, are not binding for plantours & Partner and their obligation to provide services, unless they have been expressly agreed with the customer is made part of plantours & Partner's obligation to provide services.1.6 The customer is liable for all contractual obligations of fellow travelers for whom he makes the booking, as well as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration. The same applies to group clients or group managers with regard to closed group tours with regard to the registered group tour participants.

2. Payment

2.1 Tour operators may only demand or accept payments for the travel price before the end of the trip in accordance with Section 651t BGB. The customer regularly receives the security certificate with the booking confirmation. To protect customer funds, plantours & Partner has taken out insurance with Deutscher Reisesicherungsfonds GmbH (Sächsische Straße 1, 10707 Berlin, telephone +49 (0)30-78954770, Schadenmelde@drsf.reise )
2.2 After conclusion of the travel contract, plantours & Partner will make a deposit of a maximum of 20% of the travel price will be claimed. 30 days before the start of the trip, the remaining payment - if a travel contract is concluded from the 30th day before the start of the trip, the total payment - of the travel price is due, unless the trip is canceled for the reason stated in Section 651h Paragraph 4 Sentence 1 No. 1 BGB 2.3 If the customer defaults on the down payment and/or the remaining payment of the travel price, plantours & Partner is entitled, after issuing a reminder and setting a reasonable grace period, to withdraw from the travel contract and to demand cancellation compensation from the customer in accordance with Sections 5.2 to 5.3 .2.4 The travel documents will be sent or handed over to the customer step by step after full payment for the travel price has been received by plantours & Partner, provided that the requirements according to § 651t BGB are met.

3. Scope of services/changes to services

3.1 plantours & Partner reserves the right to make changes to travel advertisements in brochures/catalogs. The information provided in accordance with Art. 250 § 3 Numbers 1, 3-5 and 7 EGBGB is decisive for the scope of services according to the travel contract.
3.2 plantours & Partner can change the agreed content of the travel contract by unilateral declaration if the change is not significant. The change is only effective if plantours & Partner has informed the traveler in accordance with Section 651f Paragraph 2 of the German Civil Code (BGB).3.3 If there is a case within the meaning of Section 3.2, any warranty claims remain unaffected to the extent that the changed travel service has defects; There are no warranty claims due to permissible changes to the travel service.3.4 In the event of a significant change to the agreed content of the travel contract, § 651g BGB applies.3.5 Published flight times correspond to the planning at the time of printing. Flight times can change - occasionally even at short notice after the travel documents have been sent. plantours & Partner generally strives to ensure that the stay at the destination is as long as possible. However, there is no entitlement to a refund if outbound flights take place in the afternoon/evening and return flights take place in the morning/morning. Stating the duration of the trip in days or weeks in the brochure does not mean 24 hours or 7 times 24 hours of travel.3.6 Due to the special nature of seafaring, plantours & Partner points out that the captain on board a ship is responsible for the journey on board persons present, the ship itself and for participation in traffic and technical processes; He not only exercises household rights, but is also responsible for navigation and safety on board. In this respect, there may be a change in travel times and/or routes, particularly due to weather, safety or general shipping-related reasons, which cannot be foreseen before the start of the journey.

4. Price Changes

4.1 plantours & Partner reserves the right to unilaterally increase the travel price agreed in the travel contract in the event of an increase in the costs of transporting people, an increase in taxes and other charges for agreed travel services or a change in the exchange rates applicable to the trip in question after conclusion of the contract, unless there is a significant price increase. A significant price increase occurs if the increase exceeds 8% of the agreed travel price; In this case, Section 651g of the German Civil Code (BGB) applies.
4.2 The customer is advised that plantours & Partner is obliged to reduce the travel price under the conditions set out in Section 651f Paragraph 4 Sentence 1 BGB.4.3 The change in the travel price is calculated as follows: • If the price for the transport of people changes Due to changed costs for fuel or other energy sources, the changed price will be passed on to the customer if the service provider calculates the seat based on the seat; In all other cases, the costs required by the service provider per means of transport are divided by the number of seats in the agreed means of transport and the calculated share is passed on to the customer. • If taxes or other charges for agreed travel services, such as tourist taxes, port or airport fees, change the requested amount is divided by the number of travelers and the calculated share is passed on to the customer. • If the exchange rate applicable to the package tour in question changes, the calculated share of the exchange rate difference is passed on to the customer.

5. Cancellation by the customer before the start of the trip / cancellation costs

5.1 The customer can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared to plantours & Partner, Holzdamm 28-32, 20099 Hamburg; If the trip is booked through a travel agent, the cancellation can also be declared to them. The declaration of withdrawal becomes effective on the day on which it is received. The customer is recommended to declare the cancellation in writing. Failure to start the trip is equivalent to withdrawing from the travel contract on the day of arrival.
5.2 plantours & Partner can set appropriate flat rate compensation in accordance with Section 651h Para. 2 BGB. The compensation is then calculated from the time of receipt of the customer's declaration of withdrawal as follows:
up to the 150th day before the start of the trip 10% of the travel price,
from the 149th - 90th day before the start of the trip 20% of the travel price,
from the 89th - 50th day before the start of the trip 35% of the travel price,
from the 49th - 30nd day before the start of the trip 50% of the travel price,
from the 29th - 15nd day before the start of the trip 75% of the travel price
from the 14th day before the start of the trip 85% of the travel price,
on the day of arrival or at Failure to show up 95% of the travel price.
5.3 In the event that a flat-rate compensation claim is asserted, the customer is free to prove to plantours & Partner that this caused no damage at all or that the damage was significantly lower than the flat-rate compensation demanded by it.
5.4 The right of Customers to declare a contract transfer in accordance with Section 651e of the German Civil Code (BGB) remains unaffected by the above conditions.

6. Travel insurance

plantours & Partner recommends taking out a comprehensive travel insurance package, in particular travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness. plantours & Partner offers insurance services from HanseMerkur Travel insurance AG.

7. Rebookings, contract transfer

7.1 The customer has no right to change the travel service (travel date, travel destination, place of departure, accommodation or type of transport - hereinafter referred to as “rebooking”) after conclusion of the contract. A rebooking is only possible in the form of withdrawing from the concluded travel contract and concluding a new travel contract.
7.2 If individual services (except travel dates) are rebooked at the customer's request, the customer will bear any additional costs; plantours & Partner is entitled to charge a processing fee for rebooking of €50 per traveler. Booking additional travel services (e.g. shore excursions) does not constitute a rebooking.
7.3 Section 651e of the German Civil Code (BGB) applies to a contract transfer to a third person.

8. Unused service

If the customer does not take advantage of travel services that were properly offered to him (e.g. early return, etc.), he is not entitled to a refund of the travel price. plantours & Partner will nevertheless endeavor to reimburse the expenses saved by the service providers, unless the services are completely insignificant or if reimbursement is contrary to legal or official regulations.

9. Withdrawal / termination by plantours & Partner

9.1 Section 651h Paragraph 4 of the German Civil Code (BGB) applies to plantours & Partner's right to withdraw before the start of the trip.
9.2 plantours & Partner can terminate the travel contract after the start of the trip without notice if, despite a warning from plantours & Partner, the customer significantly disrupts the travel process, endangers or injures himself or other people, does not adhere to factually justified advice or instructions or is in violates the contract to such an extent that his continued participation is unreasonable for plantours & Partner and/or other fellow travelers. There is no need for a warning if it obviously does not promise success or if immediate termination is justified for special reasons, taking into account the interests of both parties.
9.3 If termination occurs in accordance with Section 9.2, plantours & Partner retains the right to the travel price. However, plantours & Partner must take into account the value of the saved expenses as well as the benefits that it obtains from other uses of the service not used, including the amounts credited to it by the service providers.

10. The traveler's obligation to cooperate

10.1 Notification of defects
If the travel service is not provided in accordance with the contract, the customer must immediately notify plantours & Partner of the travel defect; The customer can request redress in accordance with Section 651k of the German Civil Code (BGB). The customer must notify a representative of plantours & Partner (e.g. tour guide) on site of the notification of the travel deficiency and any request for remedial action. If a representative of plantours & Partner is not on site, any travel defects must be reported to plantours & Partner at its headquarters; For this purpose, the customer receives an emergency telephone number for the responsible representative of plantours & Partner before the start of the trip. The representative of plantours & Partner is not authorized to recognize any claims by the customer due to lack of travel.
10.2 Setting a deadline before terminationIf a customer wants to terminate the travel contract due to a travel defect, § 651l BGB applies.10.3 Loss of baggage, damage to baggage and baggage delayThe customer must report damage or delays in delivery during air travel immediately after it has been discovered on the spot by means of a damage report (PIR) to the responsible airline; Airlines usually refuse refunds if the claim form has not been completed. The damage report must be submitted within 7 days of luggage damage and within 21 days of delivery if luggage is delayed. Furthermore, the loss, damage or misdirection of luggage must be reported to the representative of plantours & Partner in accordance with Section 10.1. 10.4 Travel documents The customer must inform plantours & Partner if he does not have the required travel documents (e.g. flight ticket, hotel vouchers, etc. ) within the period of deadline expressly communicated to plantours & Partner - otherwise after the expiry of the period in accordance with Section 2.2. – receives.

11. Limitation of Liability

11.1 The liability of plantours & Partner for damages that are not bodily harm and that are not caused culpably is limited to three times the travel price. Any liability beyond this in accordance with international agreements or legal regulations based on such agreements remains unaffected. Otherwise, Section 651p of the German Civil Code (BGB) applies.
11.2 plantours & Partner is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting point and destination), if these services are in the The travel advertisement and the booking confirmation are expressly and clearly marked as third-party services, stating the contractual partner provided, so that the customer can clearly see that they are not part of the travel services of plantours & Partner. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, plantours & Partner is liable if and to the extent that the customer's damage was caused by the violation of plantours & Partner's obligations to inform, provide information or organize.

12. Limitation, assignment

12.1 The traveler's claims due to travel defects in accordance with Section 651i Paragraph 3 of the German Civil Code (BGB) expire after 2 years; The limitation period begins on the day on which the package tour was supposed to end according to the contract.
12.2 Without the consent of plantours & Partner, the customer cannot transfer (assign) claims against plantours & Partner either in whole or in part to third parties. This does not apply to a monetary claim of the customer against plantours & Partner, to any other right that the customer has against plantours & Partner if plantours & Partner does not have an interest worthy of protection in the exclusion of assignment or if the customer has legitimate interests in the Assignability of the right outweighs the protectable interest of plantours & Partner in the exclusion of assignment and generally between the customer and accompanying family members or those for whom the customer has assumed an obligation in accordance with Section 1.6.

13. Obligations to provide information about the identity of the operating air carrier

plantours & Partner will inform the customer about the identity of the operating airline or airlines of all air transport services to be provided as part of the trip. If individual or all of the operating airlines have not yet been determined when booking, plantours & Partner will inform the customer of the airlines that are likely to operate the flight and will make the specific naming as soon as plantours & Partner knows the airlines, but at the latest when the flight is dispatched Detailed information about the booked trip. If the airline or one of the airlines named to the customer as the operating airline changes, plantours & Partner will immediately inform the customer of the change. The list of airlines against which an operating ban has been issued in the EU is kept on the Internet at: https://ec.europa.eu/transport/modes/air/safety/air-ban/search_de

14. Passport, Visa and Health Requirements

14.1 plantours & Partner will inform the customer about the general passport and visa requirements of the destination country, including the approximate deadlines for obtaining visas, as well as health formalities before the contract is concluded, as well as about any changes to these in good time before the start of the trip.
14.2 After plantours & Partner has fulfilled its obligation to provide information, the customer is responsible for obtaining and carrying the officially required travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise from non-compliance with these regulations, such as the payment of cancellation costs, are borne by the customer. This does not apply if plantours & Partner has not provided sufficient or incorrect information. 14.3 plantours & Partner is not liable for the timely issuance and receipt of necessary visas to the customer by the respective diplomatic mission, even if the customer has commissioned plantours & Partner to obtain them, unless plantours & Partner has breached its own obligations.

15. Choice of Law

German law applies exclusively to the contractual relationship between the customer and plantours & Partner. This also applies to the entire legal relationship. Insofar as German law is not fundamentally applied to the liability of plantours & Partner in the customer's lawsuits against plantours & Partner abroad , German law applies exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the customer's claims.

16. Jurisdiction

16.1 The customer can only sue plantours & Partner at its headquarters (Hamburg).
16.2 The place of residence of the customer is decisive for lawsuits brought by plantours & Partner against the customer. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose residence or habitual abode is not known at the time the lawsuit is filed The place of jurisdiction is agreed to be the registered office of plantours & Partner (Hamburg).16.3 The above provisions do not apply a) if and to the extent that contractually non-mandatory provisions of international agreements that apply to the travel contract between the customer and plantours & Partner state otherwise in favor of the customer or b) if and to the extent that non-negotiable provisions applicable to the travel contract in the EU member state to which the customer belongs are more favorable for the customer than the following provisions or the corresponding German regulations.

17. Dispute Resolution

17.1 plantours & Partner points out with regard to the law on consumer dispute resolution that plantours & Partner does not take part in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for plantours & Partner after these travel conditions have been printed, plantours & Partner will inform the customer about this in an appropriate form. 17.2 plantours & Partner refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr for all travel contracts concluded via electronic legal transactions .

As of: June 2024

plantours & Partner GmbH, Holzdamm 28–32, 20099 Hamburg
Telefon +49 (0)40 / 2393 680-0
info@plantours-kreuzfahrten.de
www.plantours-kreuzfahrten.de/en/